The First Amendment protects journalists using Snowden’s documents. But what about Snowden?
Peter Scheer
October 21, 2013
I am often asked whether Edward Snowden’s leaking of classified documents about NSA surveillance programs is protected by the first amendment. My answer is no, his handing over of classified information to reporters at The Guardian, the Washington Post and the New York Times enjoys no constitutional protection or privilege. Snowden is a source who leaks information, not a journalist who receives leaks. The difference is crucial: in the transaction between source and journalist, constitutional